In Allen County, there are more than 11,000 car accidents each year with more than 30 traffic-related fatalities [1]. A significant number of these accidents are caused by a driver’s negligence through speeding, drunk driving, or other reckless behavior.
Under Indiana law, it is possible to hold the at-fault driver responsible for what happened and recover compensation for medical bills, lost wages, property damage, and more.
The Fort Wayne car accident lawyers at Rosenfeld Injury Lawyers help clients seek full and fair compensation for car accident cases. Read on to learn more about what to do if you are involved in a car accident in Summit City and how to seek compensation for your injuries and losses.
What to Do After a Car Accident in Fort Wayne, Indiana
After a serious car accident, it can be difficult to know what steps to take or what to do next. Here are some general things you want to make sure to do after a car accident:
- Contact the Fort Wayne Police Department – Call 911 immediately after any car accident, even if you don’t think there is much damage or that you have been injured. The official accident report from the police can be used as evidence in the event you end up filing a personal injury claim.
- Take Photos of the Accident Scene – If you are able to do so safely, be sure to take photos of the accident scene on your smartphone. This includes photos of the damage to all vehicles involved in the accident and your surroundings. Also, try to get the contact information of witnesses and the other parties involved in the accident.
- Seek Immediate Medical Attention – Even if you don’t think you have severe injuries, it is important to seek medical treatment in the immediate aftermath of your car accident. Some injuries can be difficult to identify right away and the medical records from the emergency room can serve as important evidence later if you need it.
- Notify Your Insurance Company – Based on your own auto insurance details, you may need to notify your insurance provider immediately that you have been involved in an auto accident. Do not talk to any insurance adjusters without speaking to your lawyer first and be sure to save any insurance company letters you receive.
- Schedule a Free Consultation With a Personal Injury Lawyer – There is no cost to schedule a consultation with our law office to discuss your case. Even if you are not sure what steps you want to take against the other driver right now, it is a good idea to review your options.
Filing a Car Accident Lawsuit With Rosenfeld Injury Lawyers
As the injured party, you have the option of seeking financial compensation from the negligent driver, company, or government agency responsible for your crash. This can seem extremely overwhelming as most people have never filed a civil lawsuit before. Here is what you can expect when working with an attorney at Rosenfeld Injury Lawyers:
Schedule a Free Consultation
The first step in hiring a car accident lawyer is to set up a consultation to discuss your case. There is no cost for this consultation and you’ll receive advice on your legal options and how to proceed with your car accident claim.
Case Investigation
Should you decide to move forward, your car accident attorney will start the case investigation. Our team will gather evidence to support that your injuries were caused by the at-fault party.
Determining Financial Liability
One of the biggest tasks Indiana car accident lawyers manage is the process of determining financial liability after a car crash. While your car accident claim might be filed against the other driver, there are other parties that could be held financially liable in a car crash. Your lawyer will carefully assess the evidence to see who was liable.
Negotiating a Full and Fair Settlement With Insurance Companies
Your Fort Wayne car accident attorneys will negotiate your settlement with the insurance companies to ensure that you get the full and fair settlement you deserve. Insurance companies are known for offering you the lowest payout possible to minimize their expenses. Your attorney will negotiate with the insurance company to try to get the most compensation for your case.
In some cases, a settlement cannot be reached without going to trial. Your Fort Wayne car accident attorney will prepare and take your case to trial if necessary.
Who Is Held Liable in Fort Wayne Car Accident Cases
The parties that can be held liable in car accidents vary based on the specific situations that occur in a car crash. Some commonly liable parties in car accidents include:
- The Other Driver – It is possible to hold the other drivers involved in your car crash liable, even if they have proper automotive coverage through an auto insurance company.
- The Other Driver’s Insurance Company – Indiana is not a no-fault state. This means that you will file a claim against the other driver’s auto insurance policy.
- Companies – If your auto accident involved a commercially owned or operated vehicle or took place on property privately owned by a company, it is possible to hold companies liable in car accident cases.
- Government Organizations – Personal injury lawyers serving Indiana frequently encounter cases that involve government organizations, such as personal injury cases that involve fire or garbage trucks, poorly maintained roadways, and the failure to notify drivers of construction or other hazards.
Damages Fort Wayne Car Accident Lawyers Can Help You Recover
There are different types of damages an experienced car accident lawyer can recover, depending on the nature of your case. These include:
- Medical expenses
- Rehabilitation costs
- Costs of getting your car repaired or replaced
- Compensation for property damage
- Lost wages
- Loss of earning potential
- Pain and suffering
- Punitive damages in cases of gross negligence
Auto Accident Wrongful Death
Our Fort Wayne car accident lawyers have helped other families file a claim after their loved one died from injuries sustained in an auto accident. This can include recovering compensation for funeral expenses, medical bills, loss of financial support and companionship, and punitive damages.
Financial Compensation That Can Be Recovered for Car Accident Victims
When it comes to car accidents, there isn’t a go-to settlement amount for cases settled or tried in Fort Wayne. Some cases settle for thousands of dollars, while others receive million-dollar payouts. There are some predictable factors that can influence total compensation, but even those are not guaranteed.
We have successfully secured multi-million settlements for car accident claims. We helped one client recover $18.5 million after suffering from permanent injuries and reduced mobility after a head-on accident with a semi-truck. We settled a personal injury case for $7 million after a pedestrian was hit by a commercial vehicle.
Factors That Affect Car Accident Settlement Amounts
While there are no standardized amounts for settlements or guarantees, there are some factors that can have an impact on car accident settlement amounts.
Cost of Losses
The more tangible, financial losses you experience, the higher the payout can be. For example, if you have medical bills piling up from injuries sustained in your car crash, you could expect higher payouts than someone who only received medical attention on the day of the accident.
The Extent of Injuries
Much of your injury claim will be based on the extent of your injuries. The more significant and life-altering your injury, the higher the settlement amount. For cases involving permanent disability or death, the payouts will likely be much higher than if you broke bones or suffered whiplash.
Evidence
Your law firm will work hard to make sure they gather evidence to support your case. This includes requesting video surveillance, consulting with experts, taking witness testimony, and working with accident reconstruction specialists, if necessary. The more evidence you have, the better in terms of final compensation amounts.
Insurance Coverage Available
If your case involves an insurance company, you could see a higher payout than if you only had the other party’s individual, personal assets to recover compensation from. For instance, if your car crash involved a commercial vehicle, there would be other coverage from an insurance company available to pay your claims. Professional drivers must have minimum liability coverage and uninsured or underinsured motorist coverage.
You Have Limited Time to File a Car Accident Claim in Fort Wayne, Indiana
Under Indiana law, the statute of limitations dictates how much time you have to file a claim after your auto accident. For a personal injury claim, you have two years from the date of your car accident to file your claim. This two-year statute of limitations also applies to wrongful death.
The timelines for product liability are a little different. You still have to file your claim for your injury or other losses within two years after the loss or the date you identified the loss. However, the statute of repose is 10 years. This means that no legal actions can be taken after this period, even if you discover the true nature of what happened later.
The Most Common Car Accident Injuries You Can File a Claim For
There are many different types of injuries people sustain in car accidents. The most common injuries people file claims for include:
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Whiplash
- Internal injuries
- Broken bones
- Lacerations
- Burns
Types of Cases Our Fort Wayne Car Accident Attorneys Handle
Our Fort Wayne car accident lawyers have experience working on a wide range of car accident cases, including:
- Head-on collisions
- Side impact
- Rollover
- Single vehicle
- Drunk driving
- Reckless driving
The Most Common Causes of Car Accidents
The most common causes of car accidents in Fort Wayne, Indiana are:
- Drug-impaired driving
- Speeding
- Pedestrian-involved crashes
- Texting while driving
The Costs of Hiring a Fort Wayne Car Accident Attorney
The team at Rosenfeld Injury Lawyers works on a contingency fee basis. This means you will not have to pay for our services, from initial consultation to going to court, until we are able to reach a settlement for you. We take a small percentage of the final settlement if and when we win. If we are unable to secure compensation for you, you won’t pay anything for our services.
The Time It Takes to Settle Car Accident Claims
It usually takes over six months to settle a car accident case. However, there are a number of factors that can cause your case to take more or less time to settle. Smaller claims often take less time than larger, multi-million dollar settlements, as larger settlements often must make their way through the court system first.
It is important to hire a lawyer as soon as possible if you want to settle your case quickly. Retaining the services of a law firm shows the insurance company you’re serious about negotiating for better settlement offers. This could cause them to offer a higher settlement to you earlier than if you were trying to manage it on your own.
In addition, it takes time and expertise to file your civil lawsuit with the courts. Having a car accident attorney earlier in the process can help when it comes to preserving evidence, asking businesses to provide video surveillance footage they might have of the crash, and gathering witness testimony.
Proving Fault in a Car Crash Case
Car accidents in Fort Wayne are subject to Indiana’s modified comparative fault laws. This means that as long as another party has 51% or more of the fault, you are able to hold them liable for how their actions contributed to your injuries and losses.
To prove fault, you must be able to show that the other person had a reasonable expectation to provide a standard of care. In the case of car accidents, this could be as simple as all drivers having the duty to follow the rules of the road or not driving under the influence of drugs or alcohol. Then you need to show how this breach of duty or recklessness caused your injuries or losses.
Fortunately, your Fort Wayne car accident lawyer will take care of this for you. They will use the evidence they gather and testimony from experts to prove fault in your case. This isn’t something you need to figure out on your own.
Contact a Fort Wayne Car Accident Lawyer Today!
If you or a loved one has been injured in a car accident in the Fort Wayne area, contact the car accident attorneys at Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling our law firm toll-free at (888) 424-5757. We provide legal assistance to all of Northeastern Indiana.
Our team is available to take calls 24 hours a day, seven days a week. We have helped other families get the compensation they deserve after being injured or facing other types of losses from auto accidents.
Resources: [1] Indiana Criminal Justice Institute
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